What Is My Case Worth?

Every case is different, and good attorneys will never promise you a specific
result (although they should help you understand the range of possibility,
and the specific facts and law that will affect the final outcome). So,
what are some of the factors that will affect the recovery in
your case? Consider how an attorney might review your case.

Evaluating Damages

First, the attorney might consider how you've been affected by the
injury or wrongful act (your "damages"). Your damages might
include the cost of medical care required from a
car accident, or the monetary value of the loss of mobility you suffered from a
surgical error resulting in the loss of use of your legs. It would include the time and
income you lost if you were unable to go to work due to the injury. It
can even include the suffering an injury inflicted on your spouse or family,
especially in the case of a
wrongful death. But an attorney looking at your case doesn't just add it all up and
say, "This is what you'll get." That's because there's
a lot more to a lawsuit.

Practice Area spotlight

The Tort and Tortfeasor

Second, the attorney will consider which of these potential damages were
caused by the wrongful act of the potential defendant. (This is also referred
to as a "tort" committed by a "tortfeasor," which
are just fancy ways of saying "bad act" done by the "bad
actor." You would be the "plaintiff.") This can get very
difficult when people consider how preexisting issues, for example, problems
with their health, might reduce their recovery. We often have to explain
that, while we know the doctor made a careless mistake that caused injury-sometimes
even death-the doctor will point out that even if she had done an adequate
job, the plaintiff's outcome wouldn't have been any different.
Thus, the claim is reduced to just the harm the mistake caused. Callous?
It seems so when you're the one injured, or a doctor failed to diagnose
your family member's cancer. But you can only hold the tortfeasor
responsible for the harm they caused, and the defendant will have an attorney
(often and insurance company attorney) doing everything they can to reduce
their liability.

Determining Cause

Third, the attorney will consider whether the defendant's act, that
caused the injury, was actually a wrongful act. For example, a doctor
might accidentally perforate your bowel during surgery, but in some cases,
that's considered a normal risk of a particular surgery. People are
only "liable," that is, responsible for damages, when their
behavior is "negligent," or unreasonable. (In the medical field,
this is called the "standard of care," or what a doctor must
do in order to be reasonable.)
Medical malpractice attorneys, working with medical professionals, will be able to help you
figure out whether the doctor violated the standard of care. If not, responsible
attorneys will tell you not to file suit.

Gathering Proof

Fourth, attorneys must consider, and share with you, whether there is evidence
to prove all of the above. Often what we believe in our hearts is very
different than what we can prove to a stranger sitting on a jury.

Calculating Expenses

Finally, the attorney will consider all of the expenses, such as paying
for an expert witness to prove causation, and the court reporter to transcribe
deposition testimony to prepare the case for trial involved in the case,
and compare them against the potential recovery. Responsible attorneys
will tell you when they believe, after all is said and done, that you
won't actually see a recovery worth the time and trouble of a lawsuit.

Should you file a lawsuit? You won't know until you talk to an experienced
attorney. You can contact us, or another attorney. Remember, if you have
a claim, there is most likely a statute of limitations clock running,
after which you won't have the right to file a lawsuit. Protect your
rights by
contacting us today or calling us at (216) 600-0114.

Cleveland Personal Injury Attorneys

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
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